PA UC denied for tardiness under disqualified separation - Appeal worth it?

Yes, it's definitely worth appealing. PA unemployment judges often rule in favor of claimants with transportation issues, especially if you can prove you made efforts to arrive on time. You should gather: 1) Any documentation of car repairs 2) Bus schedules showing potential delays 3) Your performance reviews showing you were otherwise a good employee 4) Any written warnings that show exactly what dates/times you were late. The key is demonstrating that your tardiness wasn't 'willful misconduct' but instead was caused by factors outside your control. File your appeal ASAP - you only have 15 days from the determination date!

I got denied for the same thing last summer, appealed and WON! Make sure u mention if u ever called ahead when u were gonna be late. That helped me a LOT. The judge asked if i ever gave notice of lateness and i said yes everytime.

The key question for your appeal is whether your tardiness rises to the level of 'willful misconduct.' In PA, the employer bears the burden of proving that your actions were deliberate violations of their rules. Tardiness caused by genuine transportation problems, especially when you made efforts to notify them, often doesn't qualify as willful misconduct. Document everything, be honest about the times you were late, but emphasize the steps you took to mitigate (calling ahead, finding alternative transportation). Also, your 3.5 years of good employment there works in your favor - be sure to emphasize your otherwise positive work history. Appeals can take 6-8 weeks to schedule, so prepare financially for that gap.

THEY ALWAYS DENY PEOPLE FIRST JUST TO SEE IF YOU'LL FIGHT IT!!! The whole system is designed to make people give up! Don't let them win!

I had similar situation in 2024. What helped me win was proving I tried to be on time. I took pictures of the bus stop whne the bus didnt show up. Also had texts to my boss saying bus was late. Judge asked if I could have left earlier and I said yes but that woulda meant 2 extra hours of commuting each day which wasn't reasonable... he agreed!!!

If you're having trouble reaching a PA UC representative to discuss your appeal options, I found Claimyr to be extremely helpful. They connect you directly to a UC agent without the endless busy signals. You can see how it works at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 or visit claimyr.com. I was skeptical at first, but after trying to get through for two weeks on my own, I used their service and spoke to someone the same day who explained exactly what documentation I needed for my appeal.

do you have any medical documentation about why u were late? my cousin got approved after appeal cuz he had doctors note about insomnia making him late for work sometimes

One more tip for your appeal: Be prepared for the referee to ask why you couldn't have left earlier to accommodate potential transportation issues. Have a reasonable explanation ready - whether it was childcare constraints, the bus schedule limitations, or other factors. Also, if you received progressive discipline (verbal warnings, written warnings) before termination, be ready to discuss the timeline and what steps you took after each warning to try to improve your punctuality. This shows good faith on your part.

My freind got denied for attendance too but it was cuz she missed whole days not just late. I think ur case is stronger since u always showed up just a few mins late. teh appeal hearing is over phone now post-covid which makes it less scary too

After your appeal is filed, begin preparing for the hearing by organizing your evidence chronologically. You'll likely receive instructions about submitting evidence before the hearing date. Make sure to follow these exactly - if you're required to send copies to both the Unemployment Office and your former employer, failure to do so could result in your evidence being excluded. During the hearing itself, listen carefully to questions and answer directly without volunteering additional information unless it directly supports your case. Remember that PA uses a 'weekly claim' system, so even while waiting for your appeal, continue filing your weekly certifications to preserve your claim for those weeks.

I went through a similar appeal process last year for attendance issues and won! One thing I'd add to all the great advice here is to also gather any evidence showing you were a reliable employee outside of the tardiness issue - like if you stayed late to make up time, rarely called out sick, or covered shifts for others. This helps show the judge that your tardiness wasn't part of a broader pattern of unreliability. Also, if your company had any accommodations process for transportation issues that you weren't made aware of, that could work in your favor. Good luck with your appeal - from what you've described, you have a solid case!

I've been through the PA UC appeals process twice and won both times - once for attendance and once for a misconduct claim. Your case sounds very winnable! A few things that really helped me: 1) Print out everything - your determination letter, any company policies they reference, all your evidence. 2) Practice explaining your situation out loud beforehand so you're not stumbling over words during the hearing. 3) Be prepared for your former employer to attend the hearing - they often send HR reps who weren't even there when you worked. Don't let that intimidate you. 4) The referees are generally fair and understand that good employees sometimes have transportation challenges. Your 3.5 years of good service will definitely work in your favor. File that appeal this week and don't give up - the initial denial really doesn't mean much if you have legitimate reasons for the tardiness.

Reading through all these responses gives me so much hope! I was in a very similar situation - got denied for tardiness but had legitimate transportation issues. One thing I'll add that really helped my case was creating a timeline document showing: 1) Each late incident with the reason and how much notice I gave 2) What steps I took to solve the transportation problem after each incident 3) My overall attendance record (sick days used, overtime worked, etc.). The judge really appreciated having everything laid out clearly. Also, don't stress too much about the hearing - the referees have heard these cases hundreds of times and they can usually tell the difference between someone who was genuinely trying vs. someone who just didn't care. Your 3.5 years of good service plus calling ahead when you were late shows you cared about the job. File that appeal ASAP and stay positive!

Just wanted to add another perspective as someone who works in HR - your case actually sounds quite strong for an appeal. The fact that you called ahead 5 out of 7 times shows good faith effort, and transportation issues are often viewed more favorably than other attendance problems. One thing I'd suggest is checking if your company had any written attendance policy that mentioned progressive discipline or accommodations for transportation issues. Sometimes the policy itself can work in your favor if they didn't follow their own procedures properly. Also, keep in mind that "willful misconduct" has a pretty high bar in PA - it needs to be deliberate disregard of company rules, not just struggling with circumstances beyond your control. Your repair receipts and bus delay documentation should definitely help establish that this wasn't willful. Good luck!

I'm in almost the exact same situation right now! Got denied for tardiness at my retail job - was late 8 times in 4 months due to childcare issues and unreliable public transit. Reading all these success stories is giving me hope that I can win my appeal too. One question for everyone who's been through this - how long did it take from filing the appeal to actually having the hearing? I'm worried about going without income for months while waiting. Also, did anyone use legal aid or an attorney, or is it better to represent yourself? I'm scared I'll mess up the hearing if I don't have professional help.